Baby On Nirvana’s “Nevermind” Album Cover Sues The Band For “Child Pornography”

Spencer Elden, the man who appeared on the cover of Nirvana’s “Nevermind” as a baby, has filed a lawsuit against the surviving members of the band and the estate of the late Kurt Cobain. Elden says the naked photo on the record is child sexual exploitation and that it violates federal child pornography statutes. Photographer Kirk Weddle, DGC Records, and more were also named in that suit

Elden claims that his “identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day.” The suit also added:

“[The defendants] knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so. … Despite this knowledge, defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking.”

Elden also says that his parents never signed a release form to authorize the use of the photo. He also added that the band promised to cover his genitals with a sticker, but they never followed through. The complaint continued:

“To ensure the album cover would trigger a visceral sexual response from the viewer, Weddle activated Spencer’s ‘gag reflex’ before throwing him underwater in poses highlighting and emphasizing Spencer’s exposed genitals.”

It also added:

“[The defendants] used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention, wherein album covers posed children in a sexually provocative manner to gain notoriety, drive sales, and garner media attention, and critical reviews.”

Elden is currently seeking damages of $150,000 from each defendant. He is also demanding a trial by jury. The suit goes on to say:

“The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter.”

The photos of Elden were taken at a Pasadena aquatic center in 1990 and his parents were reportedly paid $200 for the images. In 2016, he recreated the cover for the album’s 25th anniversary. He told The New York Post the following about that:

“The anniversary means something to me. It’s strange that I did this for five minutes when I was 4 months old and it became this really iconic image. It’s cool but weird to be part of something so important that I don’t even remember.”

He also added the following in a separate interview with Time magazine:

“It’s a trip. Everyone involved in the album has tons and tons of money. I feel like I’m the last little bit of grunge rock. I’m living in my mom’s house and driving a Honda Civic.

It’s hard not to get upset when you hear how much money was involved. I go to a baseball game and think about it: ‘Man, everybody at this baseball game has probably seen my little baby penis,’ I feel like I got part of my human rights revoked.”

[via Blabbermouth]

Comments are closed.